What to know about DUI Defense Laws in Wisconsin
Why hiring an OWI Defense Attorney should be step 1
DUI (Driving Under the Influence) and OWI (Operating While Intoxicated) are both serious crimes but in Wisconsin there are many factors you should know about as they may impact your conviction.
While a DUI charge can be, and often are, a strain on your life, try not to panic. Keep in mind that not all OWI charges lead to convictions. OWI charges are different. That’s why it is important to prioritize contacting a Wisconsin DUI defense lawyer quickly to discuss your case and start the process.
For 20 years, Mullen Schlough & Associates S.C. — located in Chippewa Falls, WI — has handled OWI cases throughout Chippewa County, Eau Claire County, Dunn County and Barron County. They can discuss your options and offer payment plans.
Some common DUI questions and answers you may find helpful are:
Did the police officer have a rightful reason to make a traffic stop?
If not, then your OWI Attorney will be able to dispute the stop by getting evidence, such as the blood or breath test and the field sobriety tests, suppressed.
Did the police officer have probable cause to inspire your traffic stop?
Your DUI Defense Attorney can help investigate what caused the traffic stop and if it warranted a probable cause to administer the PBT which led to making your arrest. If the officer lacked evidence, this can lead to your evidence getting suppressed.
How did the police manage the field sobriety test?
The Wisconsin Police Department trains their officers to conduct three typical field sobriety tests. If there is a flaw in the way your Horizontal Gaze, Nystagmus, One Leg Stand or the Walk and Turn was handled, your DUI defense lawyer can use those details to help lighten your conviction.
Was the driver’s BAC (Blood Alcohol Curve) .08 or higher?
If so, this doesn’t mean the end of disputes. Your DUI attorney can argue that the machines or laboratories malfunctioned and made mistakes. A cautious review of the records can lead to convincing arguments for a jury.
What is the Blood Alcohol Curve Defense?
Blood Alcohol Curve defense is based on the absorption rate of alcohol and the time of the very last drink. Similar to disputing the correctness of the chemical test defense, your OWI attorney can argue that at the time of operation your blood alcohol level was lower than a .08.
Many times the police officer in this situation does not observe the driver operating the car in question. They may, however, find the individual sleeping or passed out on the side of the road. In these situations, the blood or breath test may not bear the same weight. Yet again, a seasoned DUI defense lawyer can come to your rescue to gather and present all of these details to help your case.
WHAT TO KNOW ABOUT LICENSE SUSPENSION in the state of Wisconsin:
In first offense cases, the Wisconsin OWI criminal attorneys at Mullen Schlough & Associates S.C. will be able to appear on your behalf. These Drunk Driving Defense Lawyer will be able to assist you and ensure each step of the process is completed
When you’re accused of alcohol or drug intoxication you face a suspension as well as a revocation of your driver’s license. For a DUI offense in Wisconsin, your license will be disavowed upon conviction. Be that as it may, your license might be suspended authoritatively before a conviction for 6 months.
A WI driver’s license will be suspended 30 days in the wake of accepting a Notice of Intent to Suspend on the off chance that you don’t ask for an administrative review hearing or if you lose the administrative hearing. For a 1st offense DUI in Wisconsin, your license will be repudiated for at least 6 months. Your license can be repudiated for as long as three years for a third offense or more.
Whether your case is OWI or an OWI causing injury or vehicular manslaughter, a DUI Lawyer can help you understand your rights and guide you in the right direction. We are ready and able to provide assistance for your situation. Contact Mullen Schlough & Associates S.C.
What should I do if I have a DUI?
Helpful Expert Advice about DUI Laws in Wisconsin
Receiving a DUI charge can be a frightening wake up call and, if not handled properly, you can slip down a bad path of financial issues, freedoms and other necessities for a happy life. But not all OWI charges lead to convictions. Before you panic, schedule a free discovery call with your local DUI criminal defense attorney for top line guidance on how best to proceed with your charges.
Many drivers do not know that there are many factors that can impact your DUI (Driving Under the Influence) conviction in the state of Wisconsin. For example, it’s possible that the police officer did not actually observe the individual operating the car in question but simply found the driver asleep on the side of the road. In a situation like this, the breath or blood test may not bear the same weight.
This is a great example of why an experienced OWI defense lawyer should be contacted immediately. After all, they can come to your rescue by gathering and presenting these kinds of details to aid your case.
Your Wisconsin driver’s license can be suspended 30 days after accepting a Notice of Intent to Suspend on the off chance that you don’t ask for an administrative review hearing or if you lose the administrative hearing. This is why speaking with and enlisting the help of a DUI defense attorney is so invaluable.
Here are some additional DUI Q&A that you may find useful
Did the police officer have probable cause to inspire your traffic stop?
Your OWI Defense Lawyer will investigate why the traffic stop was conducted and if it really warranted a probable cause leading to administering the PBT and your arrest. If the police officer lacked evidence then your evidence gets suppressed.
Was the driver’s BAC (Blood Alcohol Curve) .08 or higher?
If so, this does not mean it’s a lost cause. Your OWI defense lawyer can argue that the labs or machines made errors or malfunctioned. A meticulous review of the records may lead to a convincing argument for a jury.
What is the Blood Alcohol Curve Defense?
This is a defense based on the absorption rate of alcohol and the time of the very last drink. Just like disputing the correctness of the chemical test defense, your seasoned DUI lawyer can argue that at the time of operation your blood alcohol level was lower than a .08.
How did the police office handle your field sobriety test?
The Wisconsin police department trains officers to conduct three typical field sobriety tests. If there is a single flaw in the way your Horizontal Gaze, One Leg Stand or the Walk and Turn was handled, your OWI defense attorney may use that to help lighten your conviction.
THINGS TO KNOW ABOUT LICENSE SUSPENSION in the state of Wisconsin:
In first offense cases, the Wisconsin OWI criminal defense law firm, at Mullen Schlough & Associates S.C., can appear on your behalf. Your DUI Defense legal team will be able to support you by guaranteeing that each step of the process is completed properly.
When you are accused of alcohol or drug intoxication, you face a suspension as well as a revocation of your driver’s license. For a DUI offense in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, WI , your license will be disavowed upon conviction and could be suspended authoritatively before a conviction for 6 months. Your license can be repudiated for as long as three years for a third offense or more.
Whether your case is DUI or even a DUI causing injury or vehicular manslaughter, an OWI Attorney can help you understand your rights and guide you in the right direction. We are ready and able to provide assistance for your situation. Contact Mullen Schlough & Associates S.C.
Drug Driving Laws in WI
Weed, Prescription and Over-the-Counter Meds
Most often people discuss drunk driving and its consequences. But there needs to be a higher level of knowledge about drug driving. Especially for the fact that it includes OTC (over the counter) medication.
A DUI (driving under the influence) includes alcohol, marijuana, prescribed drugs plus over-the-counter medications such as: antacids, acetaminophen, antihistamines, aspirin, laxatives and decongestants. If you have been arrested for driving under the influence, and charged with drug intoxication or DUI, the first step should be to speak with a criminal defense lawyer who knows the laws in Wisconsin.
In Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County , drug offenses are categorized by the substance, the amount and any prior records the driver may have. It can also be classified by the level of addictive effect and abuse. This crime will be classified as a misdemeanor or felony based on circumstantial data. The intricacy of the Wisconsin drug statutes are best handled by a criminal attorney with comprehensive knowledge of drug charge defense strategies.
Let’s say, for example, that you were able to talk and behave in a normal way when you were pulled over. The prosecution will try to prove that you were so intoxicated that you were unable to care for your own safety or a danger to others. But your criminal defense attorney can use those facts to your advantage when defending your drug intoxication case.
A DUI or OWI charge will most likely result in the judge suspending your driver’s license for six months or up to several years, depending on the details of your case. A drug intoxication conviction In WI, can also land you in a mandatory stay at a rehabilitation facility as well as attending an impaired driver education program. For all of these cases, it will certainly impact your work, your bank account and your social life.
The best plan of action, of course, is to never get behind the wheel if you have ingested any kind of drugs (whether it’s a recreational drug like weed or over-the-counter meds that are accompanied with a warning about operating any kind of heavy machinery after taking).
Unfortunately, it does not matter if this is a driver’s 1st offense or if it is their third offense and they have made some mistakes in the past. DUI cases always boil down to the law and the details. If a person has always had a good record, they should not expect the government to offer them a pass. The driver’s case needs to be meticulously examined and analyzed before an attack strategy can be implemented.
HELPFUL INFO:
The prosecution must demonstrate that a seized substance is indeed the illegal drug it claims it is by sending the proof to a crime lab for examination. The crime lab analyst at that point must bear witness at trial in order for the prosecution to put forth its case.
This is when you claim the drugs do not belong to you. A defense lawyer will pressure prosecutors to prove that the illegal substance found in the car belonged to someone else.
While law enforcement officials are allowed to set up smart operations, entrapment occurs when police officers or sources initiate a suspect to commit a crime he or she otherwise may not have committed. If a source pressures a suspect into passing drugs to a third party, for instance, then this may be viewed as entrapment. Entrapment takes place where the state provides the drugs being referred to.
States where medical marijuana has been legalized typically require a doctor’s signed recommendation. But some of those states also accommodate an affirmative defense by individuals arrested on marijuana possession charges who can show clear and credible evidence of medical necessity.
Here, prosecutors who lose or otherwise lack the actual drugs risk having their case dismissed. Seized drugs usually get transferred numerous times before being left in the evidence locker, so it should never be assumed that the proof still exists during trial.
The Fourth Amendment to the U.S. Constitution ensures the privilege of fair treatment of law, including legal search and seizure methods before an arrest. Search and seizure issues are a regular territory for drug possession defenses.
Illegal medications found on display might be seized and utilized as proof. Be that as it may, drugs found in a hidden place can’t be entered into evidence. In the event that the defendant’s Fourth Amendment rights were violated, at that point the drugs can’t be utilized at trial and the charges normally are dropped.
As an OWI / DUI criminal defense law firm with expertise in drug intoxication defense legal services, Mullen Schlough & Associates S.C. is prepared, and well qualified to represent you in even the most difficult of legal challenges you may be facing. For reference, here is a list of Drug Possession Defenses. And as an aside, if you are thinking your drug or alcohol consumption might be “a little out of control”, click the following link: https://www.help.org/prescription-drug-addiction-and-abuse.
Mistakes do happen so if you do find yourself in this unfortunate situation, contact the OWI / DUI criminal defense lawyers at Mullen Schlough & Associates S.C. who are experienced in drug and driving-related offenses. They will take great care representing you in your drug intoxication case and offer clients payment plans. You will receive professional advice to help you put these serious charges behind you as quickly as possible.
OWI Defense Laws in Wisconsin
DUI (Driving Under the Influence) and OWI (Operating While Intoxicated) are both serious crimes but in Wisconsin there are many factors you should know about as they may impact your conviction.
While a DUI charge can be, and often are, a strain on your life, try not to panic. Keep in mind that not all OWI charges lead to convictions. OWI charges are different. That’s why it is important to prioritize contacting a Wisconsin DUI defense lawyer quickly to discuss your case and start the process.
For 20 years, Mullen Schlough & Associates S.C. — located in Chippewa Falls, WI — has handled OWI cases throughout Chippewa County, Eau Claire County, Dunn County and Barron County. They can discuss your options and offer payment plans.
Some common DUI questions and answers you may find helpful are:
Did the police officer have a rightful reason to make a traffic stop?
If not, then your OWI Attorney will be able to dispute the stop by getting evidence, such as the blood or breath test and the field sobriety tests, suppressed.
Did the police officer have probable cause to inspire your traffic stop?
Your DUI Defense Attorney can help investigate what caused the traffic stop and if it warranted a probable cause to administer the PBT which led to making your arrest. If the officer lacked evidence, this can lead to your evidence getting suppressed.
How did the police manage the field sobriety test?
The Wisconsin Police Department trains their officers to conduct three typical field sobriety tests. If there is a flaw in the way your Horizontal Gaze, Nystagmus, One Leg Stand or the Walk and Turn was handled, your DUI defense lawyer can use those details to help lighten your conviction.
Was the driver’s BAC (Blood Alcohol Curve) .08 or higher?
If so, this doesn’t mean the end of disputes. Your DUI attorney can argue that the machines or laboratories malfunctioned and made mistakes. A cautious review of the records can lead to convincing arguments for a jury.
What is the Blood Alcohol Curve Defense?
Blood Alcohol Curve defense is based on the absorption rate of alcohol and the time of the very last drink. Similar to disputing the correctness of the chemical test defense, your OWI attorney can argue that at the time of operation your blood alcohol level was lower than a .08.
Many times the police officer in this situation does not observe the driver operating the car in question. They may, however, find the individual sleeping or passed out on the side of the road. In these situations, the blood or breath test may not bear the same weight. Yet again, a seasoned DUI defense lawyer can come to your rescue to gather and present all of these details to help your case.
WHAT TO KNOW ABOUT LICENSE SUSPENSION in the state of Wisconsin:
In first offense cases, the Wisconsin OWI criminal attorneys at Mullen Schlough & Associates S.C. will be able to appear on your behalf. These Drunk Driving Defense Lawyer will be able to assist you and ensure each step of the process is completed
When you’re accused of alcohol or drug intoxication you face a suspension as well as a revocation of your driver’s license. For a DUI offense in Wisconsin, your license will be disavowed upon conviction. Be that as it may, your license might be suspended authoritatively before a conviction for 6 months.
A WI driver’s license will be suspended 30 days in the wake of accepting a Notice of Intent to Suspend on the off chance that you don’t ask for an administrative review hearing or if you lose the administrative hearing. For a 1st offense DUI in Wisconsin, your license will be repudiated for at least 6 months. Your license can be repudiated for as long as three years for a third offense or more.
Whether your case is OWI or an OWI causing injury or vehicular manslaughter, a DUI Lawyer can help you understand your rights and guide you in the right direction. We are ready and able to provide assistance for your situation. Contact Mullen Schlough & Associates S.C.
What do I do if I have an OWI?
Receiving an OWI charge can be a scary wake up call and, if not handled properly, you can slip down a bad path of financial issues, freedoms and other necessities for a happy life. But not all OWI charges lead to convictions. Before you panic, schedule a free discovery call with your local DUI criminal defense attorney for top line guidance on how best to proceed with your charges.
Many drivers do not know that there are many factors that can impact your DUI (Driving Under the Influence) conviction in the state of Wisconsin. For example, it’s possible that the police officer did not actually observe the individual operating the car in question but simply found the driver asleep on the side of the road. In a situation like this, the breath or blood test may not bear the same weight.
This is a great example of why an experienced OWI defense lawyer should be contacted immediately. After all, they can come to your rescue by gathering and presenting these kinds of details to aid your case.
Your Wisconsin driver’s license can be suspended 30 days after accepting a Notice of Intent to Suspend on the off chance that you don’t ask for an administrative review hearing or if you lose the administrative hearing. This is why speaking with and enlisting the help of a DUI defense attorney is so invaluable.
Here are some additional DUI Q&A that you may find useful
Did the police officer have probable cause to inspire your traffic stop?
Your OWI Defense Lawyer will investigate why the traffic stop was conducted and if it really warranted a probable cause leading to administering the PBT and your arrest. If the police officer lacked evidence then your evidence gets suppressed.
Was the driver’s BAC (Blood Alcohol Curve) .08 or higher?
If so, this does not mean it’s a lost cause. Your OWI defense lawyer can argue that the labs or machines made errors or malfunctioned. A meticulous review of the records may lead to a convincing argument for a jury.
What is the Blood Alcohol Curve Defense?
This is a defense based on the absorption rate of alcohol and the time of the very last drink. Just like disputing the correctness of the chemical test defense, your seasoned DUI lawyer can argue that at the time of operation your blood alcohol level was lower than a .08.
How did the police office handle your field sobriety test?
The Wisconsin police department trains officers to conduct three typical field sobriety tests. If there is a single flaw in the way your Horizontal Gaze, One Leg Stand or the Walk and Turn was handled, your OWI defense attorney may use that to help lighten your conviction.
THINGS TO KNOW ABOUT LICENSE SUSPENSION in the state of Wisconsin:
In first offense cases, the Wisconsin OWI criminal defense law firm, at Mullen Schlough & Associates S.C., can appear on your behalf. Your DUI Defense legal team will be able to support you by guaranteeing that each step of the process is completed properly.
When you are accused of alcohol or drug intoxication, you face a suspension as well as a revocation of your driver’s license. For a DUI offense in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake and Barron County, WI , your license will be disavowed upon conviction and could be suspended authoritatively before a conviction for 6 months. Your license can be repudiated for as long as three years for a third offense or more.
Whether your case is DUI or even a DUI causing injury or vehicular manslaughter, an OWI Attorney can help you understand your rights and guide you in the right direction. We are ready and able to provide assistance for your situation. Contact Mullen Schlough & Associates S.C.
Watch Fireworks Flash, Not Teenagers Crash
With the Fourth of July coming up, a holiday widely celebrated by sipping cold beer in the hot sun, underage drinking becomes a greater risk. In Chippewa Falls, Chippewa County, Eau Claire, Eau Claire, County, Menomonie, Dunn County, Rice Lake or Barron County, Wisconsin, such celebrations create a drastic spike in DUI data.
When the driver is underage, the severity of a DUI charge dramatically increases. Financial burdens and legal trouble can be put onto the family when a driver under the legal drinking age is caught driving under the influence.
Consulting a DUI lawyer specializing in such cases is the first and most important step to take when facing DUI charges, especially when underage.
It is important to lay out a course of action for those charged. Remember, there is no warning first time DUI charges.
Dangers of driving while intoxicated are amplified when the driver is underage. Differing from an adult driver, consequences for a minor driving under the influence of alcohol can be much more severe. Any BAC reading above 0.00% is counted as a juvenile DUI crime while drivers who are over the age of 21 with a .08 BAC or below do not receive a DUI charge. Adding an additional impairment to a young driver, the dangers of a young driver operating a vehicle will be increased.
For drivers under 21, drivers charged will hold DUI convictions even when they become of age if ANY illegal or impairing drug is inside the vehicle. This can include, but is not limited to marijuana, alcohol or even prescription medicine. DUI litigation in Wisconsin for underage drivers will fall under a zero-tolerance policy.
A juvenile DUI charge can result in a suspended license for upwards of 280 days, which will be the same for an adult driver unless there are other charges added.
Upon receiving a juvenile DUI charge in Wisconsin, increasing insurance costs will arise. It is entirely legal for your insurance company to drop one with a DUI charge without warning. This will create major hardships for future insurance plans. An underage DUI charge can result in increased premium costs or being dropped from your insurance policy entirely.
If an additional DUI charge ensues up to 10 years after the first charge, fines will begin at $300 and can be up to $1000, including at least a year in jail and a suspended driver’s license.
A DUI/OWI LAWYER EXPERIENCED IN JUVENILE CASES IS MANDATORY FOR THESE CASES.
Convictions of driving under the influence (DUI) are difficult to navigate, which makes it all the more pressing to hire an experienced DUI attorney for your case.
A DUI attorney obtains info on the specimen examination, including the location and time the testing occurred. An underage DUI charge will be taken into account by a DUI lawyer, which is typically easier for one with experience to navigate. Lawyers with experience defend and assess cases that are complex, such as juvenile DUI charges.
Lawyers that assess DUI cases, such as Mullen Schlough & Associates S.C., support you and your case taking situational details into account. In specimen testing, for example, the testers must follow a specific, detailed procedure that, if done incorrectly or illegally, could allow your charges to be dropped. Often, a DUI legal professional can take into account misreadings in the specimen testing for alcohol, marijuana, or even prescription medications.
Consult the attorneys at Mullen Schlough & Associates S.C. soon for a free consultation and to hear more about our payment plans. Hire an experienced juvenile DUI/OWI defense attorney in Wisconsin today to ease your legal concerns if you or someone you know has been charged with a DUI or OWI.
OWI / DUI Attorney in the Wisconsin Area
Being charged with a DUI will not only occur when the stereotypical intoxicated facade of alcohol consumption is apparent. Driving under the influence, or a DUI, can apply to any sort of drug, including medication where the label warns against driving when consuming. Severity of the charges will differ depending on if the driver is at or over the legal age of consumption; Worse penalties will come about when the driver is below the legal age to drink. According to the National Highway Traffic Safety Administration, around 1.5 million drivers are charged with a DUI on average yearly.
With over 30 years of experience, Mullen, Schlough & Associates S.C. is the most logical option when defending yourself against DUI charges. Mullen, Schlough & Associates S.C, located in Chippewa Falls, has handled such cases in Chippewa County, Eau Claire County, Dunn County, and Barron County. Our DUI lawyers keep your defense well-organized, especially taking care of the fine details, including all administrative proceedings. With immense expertise in Wisconsin DUI laws your case will be taken seriously to the fullest extent by educating you on your Constitutional rights in Wisconsin. A specialized lawyer experienced in OWI and DUI convictions will be essential in defending a driver convicted of operating a motor vehicle under the influence of drugs.
All mandatory hearings begin at the DMV, or Department of Motor Vehicles, and will end at the County or State Court. The accused of driving under the influence MUST attend these hearings. Court proceedings for OWI charges can be a burdensome time of your life. An OWI defense attorney creates an organized defense to ensure the driver’s rights are protected in every aspect of the process.
OWI attorneys can defend against questions by the prosecution by looking for falsities in their testimony. Experienced OWI lawyers can file for a motion, which may dismiss all clients’ previous statements. All evidence will be collected to verify that all facts are accurate and that each situation was handled justly from the point of arrest.
Speaking with an OWI lawyer, such as those at Mullen, Schlough & Associates S.C. can help navigate the court process and potentially drop extra charges that may be added to your case. Our attorneys provide a free consultation to ensure that our attorneys are your favorite.
OWI attorneys work day and night to get the charges lessened, or at the minimum, revisited very early on in the court process. A plea deal is a possibility of a legal process that your OWI lawyer can take care of.
If conviction of an OWI or DUI are weighing down on you in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire County, Menomonie, Dunn County, Rice Lake or Barron County, WI, talking with to a DUI/OWI attorney should be first on your priority list.
How to Navigate and Avoid OWI Charges
Being convicted of an OWI in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire, County, Menomonie, Dunn County, Rice Lake or Barron County, Wisconsin can cause legal consequences when operating a vehicle under the influence of alcohol or drugs.
If charged with driving under the influence (including drugs prescribed to you, not just recreational use), you may face license suspension or revocation, with potential additional monetary fines. Group counseling, like Alcoholics Anonymous, time in prison, and the installation of an Ignition Interlock Device (IID) are expected penalties. Situational details regarding your case can make these repercussions worse.
An experienced OWI lawyer helps you focusing on the situational factors at the scene of the crime. Was the field sobriety test conducted justly? Were your rights read to you? If not, Mullen Schlough & Associates S.C. will take advantage of this systemic weakness in your OWI case while the prosecution tries to collect evidence to prove you were a danger on the road.
A typical misconception of those charged with an OWI charge is that those charged are belligerently drunk or high. You may be charged with an OWI when using any inebriating substance, including those prescribed. Your first step should be to speak to a specialized OWI attorney when charged in order to determine your next step.
When facing these charges, your personal and financial liberties will be at risk. For example, if you face charges related to driving under the influence of drugs, you may be required to attend rehabilitation programs for intoxicated drivers.
Prosecutors can revoke your right to drive a vehicle for up to three years. This will force you to rely on family members or a car service in order for you to attend your court hearings. By contacting the most experienced OWI attorney in your area, you will have a better chance of lessening your punishment or, best case scenario, beating the charges.
The OWI attorneys at Mullen Schlough & Associates S.C. have intense experience in dealing with drugged driving offenses. Our primary concern is what’s in your best interest when handling your case. We aim to guide you in the right direction to take the burden of these charges off your back. You can take advantage of our payment plan to ease your financial troubles.
Below is a list of some defenses for drug possession, providing you with an overview of what to expect:
The reliability of the lab analysis conducted on the seized substance will be determined with the help of an experienced attorney. This will take into question how accurate the crime lab analysis was to determine what the prosecution is claiming to be true.
Unwarranted Search and Seizure:
The Fourth Amendment to the U.S. Constitution ensures lawful and just treatment, including legal search and seizure methods before an arrest. Search and seizure issues are typical for possession defenses.
If unlawful medications are discovered openly displayed, they can be seized and used as evidence in court. On the contrary, drugs that are found in a concealed location cannot be used as evidence in court. If the defendant’s Fourth Amendment rights were infringed upon during the search and seizure, the evidence cannot be used during court proceedings, most likely ending in the charges being dropped.
Exceptions for Medical Marijuana:
In legalized states, individuals facing marijuana possession charges can use an affirmative defense if they can prove medicinal need. These states typically require the prescription from a medical professional.
In a situation where prosecutors lack or lose the drugs they claim to be illegal, their case may be dismissed. Drugs that have been seized often go through multiple transfers before being stored in the locker. It should not be assumed that the evidence is present during trial.
Officers have the right to establish smart operations; Entrapment takes place when informants or police officers provoke a crime to be committed. For example, if an official coerces a suspect to give the illegal drugs to a third party at the scene of the crime, it can be considered a form of entrapment.
An OWI attorney can contest the prosecutors’ claim to provide evidence that establishes ownership of the drugs found in the vehicle by someone other than their client. In this case, the defense strategy asserts that the drugs were not obtained or in possession of the individual in question.
To be clear, no one should ever operate a vehicle while intoxicated in any circumstance. If you or someone you know is struggling with an alcohol or drug problem that feels too much to handle, it is important that you visit: https://www.help.org/prescription-drug-addiction-and-abuse.
Criminal defense firms specializing in OWI charges, such as Mullen Schlough & Associates S.C., have successfully litigated legal courts and trials in OWI cases resulting in dismissal. They have even helped drivers persecuted with operating under the influence protect their permanent record, keep their driving privileges and avoid jail time.
I got a Juvenille OWI. Now what?
It’s the season for proms and high school graduations. Unfortunately, this time of year we often see an uptick in DUI / OWI criminal arrests of young drivers in Wisconsin. Many are under the legal drinking age. What many do not realize, unfortunately, is that DUI driving under the influence punishments are much more severe when the driver is under the age of 21.
One error in how the case is handled can be detrimental on the future of this driver. That is why it’s urgent that you contact a skilled juvenile DUI defense attorney if you or a younger family member is facing juvenile OWI charges in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire, County, Menomonie, Dunn County, Rice Lake or Barron County, Wisconsin
THERE IS NO SUCH THING AS A WRIST SLAP FOR A FIRST OFFENSE
A 1st time OWI offense for a juvenile driving under the influence of alcohol often restuls in a fine of hundreds of dollars as well as a suspended driver’s license for up to 9 months. While this penalty is the same as for an adult, it is more serious if additional convictions ever occur.
For example, if an additional DUI conviction happens within 10 years of the 1st conviction, the fines may begin around $300 and could go as high as $1000, plus 12 months in prison, and a suspended driver’s license for at least one year. The immediate financial and social impact is just the beginning.
Younger drivers are already viewed as an at-risk group with regards to safe driving in general. Even if the driver has only one drink and the penalties for juvenile drunk driving are stricter than for adults 21 years of age. The OWI law in Wisconsin for minors incorporates a zero tolerance policy for juvenile drunk or drugged drivers.
Any BAC reading above 0.00% is counted as a juvenile DUI crime and does not just stop at alcohol consumption. Under 21 drivers can be charged for the equivalent DUI crimes if they’re pulled over for driving with any unlawful, impairing substance including prescription drugs or weed in their system. Just for reference, an individual who is 21 and over with a .08 BAC or below does not receive an DUI charge consequently.
Another issue for the driver is that car insurance rates will skyrocket for juveniles convicted of DUI in Wisconsin – especially if the individuals has more than one offense. A juvenile OWI conviction may lead to giant, long-term financial harm like additional premium costs every month or, even worse, no insurance since the company may drop policies without any warning or opportunity to renew.
A DEFENSE LAWYER WHO SPECIALIZES IN JUVENILE DUI IS VITAL
Drunk driving charges or OWI/DUI (operating while intoxicated or driving under the influence) charges are incredibly complex which is why it’s so crucial that you hire a skilled defense lawyer who specializes in juvenile OWI and DUI cases.
The average person may not know that there are many detailed processes involved in bodily specimen tests. Many times a OWI criminal defense lawyer will find errors or incorrect readings when it comes to proof of alcohol, cannabis or even over the counter drugs that come with warnings about operating heavy machinery while taking.
A seasoned juvenile criminal defense lawyer with knowledge in this area can really scrutinize the process of how the blood was evaluated and whether the equipment used to examine the results was functioning correctly.
There could also be many other defenses such as constitutional violations and defenses relating to a juvenile DUI charge, which an unpracticed individual will not be able to comprehend. Just another reason that these complicated OWI cases require someone who has the skill and knowledge in defending them.
If you or someone you know has been charged with juvenile DUI in Wisconsin, it’s imperative that you hire the best juvenile DUI lawyer in Wisconsin to defend your case. Contact the attorneys at Mullen Schlough & Associates S.C. today for a free consultation and to learn about payment plans.
Navigating OWI Charges
Being charged with an OWI (Operating While Intoxicated) will cause serious implications to your life. Some implications may include suspension or expulsion of your license, monetary fines and even time in prison. The following are some guidelines on how to combat an OWI conviction in Wisconsin. If convicted of an OWI in Chippewa Falls, Chippewa County, Eau Claire, Eau Claire, County, Menomonie, Dunn County, Rice Lake or Barron County, Wisconsin you should talk to an experienced OWI attorney immediately to read up on your rights.
- Stay calm and collected: Upon receiving an OWI charge in Wisconsin, your immediate reaction should be to remain rational. It will be a grueling, tedious process; keeping a clear head will be one of your biggest assets. An OWI attorney will help you figure out all of your options regarding your rights during court proceedings.
- Follow up with an OWI legal expert: An important course of action is to consult an OWI attorney, experienced in handling OWI charges. An experienced lawyer in OWI cases will help navigate and understand the Justice system and the charges against you.
- Read up on your rights: As a citizen of Wisconsin charged with an OWI, knowing your rights after receiving an OWI charge is crucial. For instance, you reserve the right to remain silent and to an attorney. Deciding on options in court will come much more easily once your rights have been understood.
- Attend all court dates for your OWI charge: Make an appearance at all of your court sessions and follow all orders made by the court. Failing to attend court may result in additional penalties.
- Consider all options: A couple examples of alternative options could be a deferred prosecution agreement or a plea deal. There are many options to minimize penalties of an OWI conviction, depending on key details of your case.
- Avoid future OWIs: Do not drive under the influence of alcohol, drugs, or prescription medications that advise driving during use. The easiest way to avoid further OWI charges is to refrain from operating a vehicle while intoxicated.
It may be a shock that by hiring a specialized OWI attorney, your OWI case may be dismissed for a variety of reasons, such as illegally conducted field sobriety tests and illegal traffic stops. It is not true that it is impossible to beat an OWI case.
There are numerous penalties or OWI charges in Wisconsin and by selecting the best OWI criminal defense lawyer will make a difference between light and severe penalties. If charged with driving under the influence, driving while high, drunk or under the influence of prescription medication, you may face:
- Monetary fines
- Support groups
- Time in jail
- A suspended license
Typical stereotypes of a person charged with an OWI would be one who smells of marijuana or whose breath wreaks of beer. In actuality, one can face legal conviction after just just having a few drinks.
Mullen, Schlough & Associates is dedicated to assisting those charged with OWI or DUIs by guiding them through tumultuous legal situations.
We are OWI/DUI legal defense lawyers in the Chippewa Valley serving Eau Claire, Chippewa Falls, Menomonie, Barron and the surrounding areas, including all of Western Wisconsin. Consult with us today to discuss your case and offer our services to you, including our payment plans!
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